DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections – 35 USC § 103
1. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
2. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
3. Claims 1-3, 6, 7, 10, 11, 14, 15 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over LeBeau et al. (US 20180286402 hereinafter, LeBeau ‘402) in view of Sweis et al. (US 20140198293 A1 hereinafter, Sweis ‘293).
Regarding claim 1; LeBeau ‘402 discloses an electronic eyewear device (Fig. 1A, HMD 102)
adapted to be head-mounted (i.e. In FIG. 1A, the wearable computing system takes the form of a head-mountable device (HMD) 102 (which may also be referred to as a head-mounted display). Paragraph 0064)
the electronic eyewear device comprising: a microphone (i.e. For example, an HMD 102 may include sensors 102 such as one or more microphones. Paragraph 0071)
a memory that stores instructions (i.e. The on-board computing system 118 may include a processor and memory. Paragraph 0068);
and a processor that executes the instructions to perform operations including: receiving audio data from the microphone (i.e. The system may take the form of non-transitory computer readable medium, which has program instructions stored thereon that are executable by at a processor to provide the functionality. Paragraph 0062)
processing the audio data to identify a wake word (i.e. A user can invoke the VNUI of the HMD by uttering a phrase, such as “ok glass.” In other words, “ok glass” in this instance is a “hotword” to trigger activation of a VNUI. Paragraphs 0051-0052);
identifying at least one of first or second action keywords in the audio data (i.e. Figs. 8A-8B: “take a photo”, send a message”, “post a tweet” or “call an Uber car”);
upon identification of the wake word and a first action keyword, providing the audio data to the first controller to implement a first action requested by the first action keyword (i.e. Sending the “take a photo” to trigger camera 310 as shown in Fig. 8A. Paragraphs 0151-0165)
and upon identification of the wake word and a second action keyword, providing the audio data to the second controller to implement a second action requested by the second action keyword (i.e. Sending the “send a message” to trigger communication 320 as shown in Fig. 8A. Paragraphs 0151-0165)
Although, Examiner reasonably believes that LeBeau ‘402 at Paragraphs 0090-0092 teaches a first controller that adjusts settings of the electronic eyewear device, and a second controller that navigates to system information of the electronic eyewear device. Here, the Processor 214 acts as a first and second controller to execute the functions. For example, the Processor 214 may receive data from the remote device 240, and configure the data for display on the display 216. The processor 214 may be any type of processor, such as a micro-processor or a digital signal processor, for example. The device 210 may further include on-board data storage, such as memory 218 coupled to the processor 214. The memory 218 may store software that can be accessed and executed by the processor 214. However, Examiner cites Sweis ‘293 to cure any deficiencies of LeBeau ‘402.
Sweis ‘293 discloses a first controller (Fig. 11, Controller 1120) that adjusts settings of the electronic eyewear device (i.e. A controller 1120 provides control of at least one of frequency or blocking period (blocking time) of at least one of the first lens 1110 or the second lens 1112. For an embodiment, the left lens 1110 is operable to blank for a first blocking time, the right lens is operable to blank for a second blocking time, and the controller 1120 controllably sets at least one of the first blocking time and the second blocking time. For an embodiment, the control of at least one of frequency or blocking period is adjustable. Paragraph 0077);
a second controller (Fig. 12, Controller 1230) that navigates to system information of the electronic eyewear device (i.e. The controller 1230 stores operational information of the shuttering glasses in the memory 1250 for future access. For an embodiment, the operational information includes user usage of the shuttering glasses. Paragraph 0085).
LeBeau ‘402 and Sweis ‘293 are combinable because they are from same field of endeavor of speech systems (Sweis ‘293 at “Field of the Described Embodiments”).
At the time the invention was effectively filed, it would have been obvious to a person of ordinary skill in the art to modify the speech system as taught by LeBeau ‘402 by adding the limitations as taught by Sweis ‘293. The motivation for doing so would have been advantageous to provide a method and system for electronic eyewear that better monitors the use of the electronic eyewear. Therefore, it would have been obvious to combine LeBeau ‘402 and Sweis ‘293 to obtain the invention as specified.
Regarding claim 2; Sweis ‘293 discloses wherein the processor executes the instructions to perform additional operations including providing the audio data to the first controller to adjust settings of the electronic eyewear device as specified by the audio data when the first action keyword is indicative of a request to adjust a setting of the electronic eyewear device (i.e. A controller 1120 provides control of at least one of frequency or blocking period (blocking time) of at least one of the first lens 1110 or the second lens 1112. For an embodiment, the left lens 1110 is operable to blank for a first blocking time, the right lens is operable to blank for a second blocking time, and the controller 1120 controllably sets at least one of the first blocking time and the second blocking time. For an embodiment, the control of at least one of frequency or blocking period is adjustable. Paragraph 0077);
Regarding claim 3; Sweis ‘293 discloses wherein the processor executes the instructions to perform additional operations including providing the audio data to the second controller to navigate to the system information of the electronic eyewear device as specified by the audio data when the second action keyword is indicative of a request to navigate to the system information of the electronic eyewear device (i.e. The controller 1230 stores operational information of the shuttering glasses in the memory 1250 for future access. For an embodiment, the operational information includes user usage of the shuttering glasses. For an embodiment, the operational information includes monitored or collected information of the user. The monitored information can be access by an external controller, thereby allowing determination of compliance by the user of the shutter glasses. That is, compliance by the user properly wearing the shutter glasses for a prescribed duration of time can be determined by accessed storage of wearing times and patterns by the user of the shutter glasses. Paragraph 0085);
Regarding claim 6; LeBeau ‘402 discloses a voice command intent handler software (Fig. 2A VNUI 220) that is executed by the processor to identify the first or second action keywords in the audio data and to provide the identified action keywords to the first or second controller based on which action keyword is identified in the audio data (i.e. VNUI 220 can present the one or more menu items in a manner that attempts to predict a wearer's intent when using the VNUI. In particular, the VNUI can determine a command likely to be used, and the VNUI can display the command to appear more prominently than other menu items. Paragraph 0125)
Regarding claim 7; LeBeau ‘402 discloses wherein the voice command intent handler software comprises a natural language understanding (NLU) model (i.e. HMDs can use a voice-navigable user interface (VNUI). The VNUI can include one or more microphones to capture audible input, such as speech uttered by a user or wearer of the HMD. Upon receiving audible input, the HMD can attempt to recognize the input as a speech command and process the command accordingly; for example, by converting the audible input to text and operating on the text. The speech input can represent commands to the HMD, such as commands to search, navigate, take photos, record videos, send messages, make telephone calls, etc. Paragraph 0050).
Regarding claim 8; LeBeau ‘402 discloses a display (i.e. Fig. 2A, Display 216) wherein the processor executes the instructions to perform additional operations including presenting results of an action requested by the first or second action keyword to the display without disrupting a current action being presented to the display as part of execution of a software application (i.e. The phrase “ok glass,” as well as other phrases in the VNUI that can be uttered by a user, may be prompted by a “cue” displayed on a visible portion of the interface. The cue can be simply the textual phrase displayed on the visual display. The voice menu of operations can, in turn, be displayed in the visible portion of the VNUI. Menu items can be displayed textually and can operate as cues, providing a user with words or phrases to speak in order to navigate the menu or invoke commands. Paragraphs 0052-0053)
Regarding claim 9; LeBeau ‘402 discloses wherein the processor executes the instructions to perform additional operations including presenting a notification on the display indicating an action taken in response to the audio data received at the microphone (i.e. The display 216 of device 210 can be used to display portions of a VNUI (voice-navigable user interface) 220, which can include display 216, input device(s) 222, such as microphone(s), to receive speech input, and output device(s) 224 such as the display, speaker(s), and/or BCT(s) for audio and/or video output. In an example operation, a user or wearer of an HMD may utter words or phrases displayed on a voice navigable menu to interact with the VNUI 220. Paragraphs 0101-0102)
Regarding claim 10; Claim 10 contains substantially the same subject matter as Claim 1. Therefore, claim 10 is rejected on the same grounds as claim 1.
Regarding claim 11; Claim 11 contains substantially the same subject matter as Claim 2. Therefore, claim 11 is rejected on the same grounds as claim 2.
Regarding claim 12; Claim 12 contains substantially the same subject matter as Claim 3. Therefore, claim 12 is rejected on the same grounds as claim 3.
Regarding claim 14; Claim 14 contains substantially the same subject matter as Claim 6. Therefore, claim 14 is rejected on the same grounds as claim 6.
Regarding claim 15; Claim 15 contains substantially the same subject matter as Claim 7. Therefore, claim 15 is rejected on the same grounds as claim 7.
Regarding claim 18; Claim 18 contains substantially the same subject matter as Claim 1. Therefore, claim 18 is rejected on the same grounds as claim 1. However, claim 18 further discloses a non-transitory computer-readable storage medium that stores instructions that when executed by at least one processor cause the processor to execute the method. LeBeau ‘402 discloses at Paragraphs 0010 wherein the HMD comprises: a processor; and a non-transitory computer-readable medium configured to store at least program instructions that, when executed by the processor, cause the HMD to carry out functions.
Regarding claim 20; LeBeau ‘402 discloses instructions that when executed by the at least one processor causes the processor to at least one of (1) present results of an action requested by the first or second action keyword to a display without disrupting a current action being presented to the display as part of execution of a software application or (2) present a notification on the display indicating an action taken in response to the audio data received at the microphone (i.e. The phrase “ok glass,” as well as other phrases in the VNUI that can be uttered by a user, may be prompted by a “cue” displayed on a visible portion of the interface. The cue can be simply the textual phrase displayed on the visual display. Paragraphs 0052-0055)
Allowable Subject Matter
1. Claims 4, 5, 13 & 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
2. Claim 5 depends on indicated objected claim 4. Therefore, by virtue of its’ dependency, Claim 5 is also indicated as objected subject matter.
Examiners Statement of Reasons for Allowance
The cited reference (LeBeau ‘402) teaches wherein methods, apparatus, and computer-readable media are described herein related to a user interface (UI) that can be implemented on a head-mountable device (HMD). The UI can include a voice-navigable UI. The voice-navigable UI can include a voice navigable menu that includes one or more menu items. The voice-navigable UI can also present a first visible menu that includes at least a portion of the voice navigable menu. In response to a first utterance comprising one of the one or more menu items, the voice-navigable UI can modify the first visible menu to display one or more commands associated with the first menu item. In response to a second utterance comprising a first command, the voice-navigable UI can invoke the first command. In some embodiments, the voice-navigable UI can display a second visible menu, where the first command can be displayed above other menu items in the second visible menu.
The cited reference (Sweis ‘293) teaches wherein embodiments for systems, methods and apparatuses of eyewear are disclosed. One apparatus includes a frame that includes a pair of temple arms forming eyewear that is adaptable to hold one or more lenses, and at least one switch, wherein the at least one switch is open or closed depending upon an angle of at least one of the temple arms relative to a frontal plane of the one or more lenses.
The cited references fail to disclose a third controller that transcribes received audio data, wherein the processor executes the instructions to perform additional operations including providing the audio data to the third controller for transcription when the audio data does not contain a first or second action keyword indicative of a request to adjust a setting of the electronic eyewear device or of a request to navigate to the system information of the electronic eyewear device; instructions that when executed by the at least one processor causes the processor to provide the audio data to the first controller to adjust settings of the electronic eyewear device as specified by the audio data when the identified action keyword is the first action keyword indicative of a request to adjust a setting of the electronic eyewear device, to provide the audio data to second controller to navigate to the system information of the electronic eyewear device as specified by the audio data when the identified action keyword is the second action keyword indicative of a request to navigate to system information of the electronic eyewear device, and to provide the audio data to a third controller when the audio data does not contain the first action keyword indicative of a request to adjust a setting of the electronic eyewear device or the second action keyword indicative of a request to navigate to the system information of the electronic eyewear device.
As a result, and for these reasons, Examiner indicates Claims 4, 5, 13 & 19 as allowable subject matter.
Relevant Prior Art References Not Relied Upon
1. Robertson et al. (US 20200314228 A1) - Systems and methods for generating an alert on an eyewear device are provided. The systems and methods include receiving, by an eyewear device, from a mobile device, data indicative of a first combination of notification attributes that trigger a first alert on the eyewear device; determining that the mobile device has received a new notification based on additional data received from the mobile device; determining that a combination of attributes of the new notification matches the first combination of notification attributes; and in response to determining that the combination of the attributes of the new notification matches the first combination of notification attributes, retrieving from a storage device of the eyewear device, a first visual indicator animation that represents the first alert; and activating a visual indicator of the eyewear device in accordance with the retrieved first visual indicator animation to generate the first alert on the eyewear device.
2. Robertson et al. (US 20200104039 A1) - A neural network system includes an eyewear device. The eyewear device has a movement tracker, such as an accelerometer, gyroscope, or an inertial measurement unit for measuring acceleration and rotation. The neural network system tracks, via the movement tracker, movement of the eyewear device from at least one finger contact inputted from a user on an input surface. The neural network system identifies a finger gesture by detecting at least one detected touch event based on variation of the tracked movement of the eyewear device over a time period. The neural network system adjusts the image presented on the image display of the eyewear device based on the identified finger gesture. The neural network system can also detect whether the user is wearing the eyewear device and identify an activity of the user wearing the eyewear device based on the variation of the tracked movement over the time period.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS T. RILEY, ESQ. whose telephone number is (571)270-1581. The examiner can normally be reached 9-5 M-F.
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MARCUS T. RILEY, ESQ.
Primary Examiner
Art Unit 2654
/MARCUS T RILEY/Primary Examiner, Art Unit 2654
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